[RPPTL LandTen] Lease Guaranty Question

Law Offices of Scott A. Frank sfrank at saflaw.com
Wed May 11 13:35:39 PDT 2011


Question for my esteemed colleagues:

 

Tenant/client presented me with their existing lease.  Tenant believes it is
guaranteed, but not sure.

 

There is no separate guaranty.  The Lease itself does not include any
Guaranty language or clause.  The only indication of a guaranty is that
there is a second signature page to the Lease, with a title over a signature
titled "Guarantor".  The tenant's principal did sign this line in his
individual capacity.

 

So is this Lease personally guaranteed?  Part of me says yes (as the
individual signed the Lease in his individual capacity), part of me says no
(no guaranty provisions, and the individual is not named as tenant in the
Lease).

 

However, most of me says "?????", so I am throwing it out there to the group
for your opinions.

 

Thanks in advance.

 

Please note our new address.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p:  (561) 372-7860

f:  (561) 423-5721 

 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 <http://www.saflaw.com/> www.saflaw.com

 

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